,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #gaj  ,,in ,,the ,,house ,,of   
,,representatives  ,february #ad1 #bjac 
,mr4 ,farr 7for himself1 ,mr4           
,rohrabacher1 ,mr4 ,blumenauer1 ,mr4    
,cohen1 ,mr4 ,grijalva1 ,ms4 ,lee of    
,california1 ,mr4 ,moran1 ,ms4 ,pingree 
of ,maine1 ,mr4 ,polis1 and ,mr4        
,waxman7 introduced the following bill2 
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to amend    
title #ah1 ,united ,states ,code1 to    
provide an affirmative defense for the  
medical use of marijuana in accordance  
with the laws of the various ,states1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,truth in ,trials ,act4  #b4 ,providing 
an affirmative defense for the medical  
use of marijuana2 seizure of property   
7a7 ,in general ,chapter #bba of title  
#ah1 ,united ,states ,code1 is amended  
by striking section #cdcf and all that  
follows through the end of the chapter  
and inserting the following3  #cdcf4    

,affirmative defense for conduct        
regarding the medical use of marijuana2 
seizure of property  7a7 ,any person    
facing prosecution or a proceeding for  
any marijuana-related offense under any 
,federal law shall have the right to    
introduce evidence demonstrating that   
the marijuana-related activities for    
which the person stands accused were    
performed in compliance with ,state law 
regarding the medical use of marijuana1 
or that the property which is subject to
 a proceeding was possessed in          
compliance with ,state law regarding the
 medical use of marijuana4  7b7 7#a7 ,it
 is an affirmative defense to a         
prosecution or proceeding under any     
,federal law for marijuana-related      
activities1 which the proponent must    
establish by a preponderance of the     
evidence1 that those activities comply  
with ,state law regarding the medical   
use of marijuana4  7#b7 ,in a           
prosecution or a proceeding for a       
marijuana-related offense under any     

,federal criminal law1 should a finder  
of fact determine1 based on ,state law  
regarding the medical use of marijuana1 
that a defendant's marijuana-related    
activity was performed primarily1 but   
not exclusively1 for medical purposes1  
the defendant may be found guilty of an 
offense only corresponding to the amount
 of marijuana determined to be for      
nonmedical purposes4  7c7 ,any property 
seized in connection with a prosecution 
or proceeding to which this section     
applies1 with respect to which a person 
successfully makes a defense under this 
section1 shall be returned to the owner 
not later than #aj days after the court 
finds the defense is valid1 minus such  
material necessarily destroyed for      
testing purposes4  7d7 ,any marijuana   
seized under any ,federal law shall be  
retained and not destroyed pending      
resolution of any forfeiture claim1 if  
not later than #cj days after seizure   
the owner of the property notifies the  
,attorney ,general1 or a duly authorized

 agent of the ,attorney ,general1 that a
 person with an ownership interest in   
the property is asserting an affirmative
 defense for the medical use of         
marijuana4  7e7 ,no plant may be seized 
under any ,federal law otherwise        
permitting such seizure if the plant is 
being grown or stored pursuant to a     
recommendation by a physician or an     
order of a ,state or municipal agency in
 accordance with ,state law regarding   
the medical use of marijuana4  7f7 ,in  
this section1 the term ,state includes  
the ,district of ,columbia1 ,puerto     
,rico1 and any other territory or       
possession of the ,united ,states4  4   
7b7 ,clerical amendment ,the table of   
sections at the beginning of chapter    
#bba of title #ah1 ,united ,states      
,code1 is amended by striking the item  
relating to section #cdcf and all that  
follows through the end of the table and
 inserting the following new item3      
#cdcf4 ,affirmative defense for conduct 
regarding the medical use of marijuana2 

seizure of property4  4